Langley v Age Co Ltd [2000] VSC 378
[2000] VSC 378
At a glance
Source factsCourt
Supreme Court of Victoria
Decision date
2000-09-15
Before
Eames J
Source
Original judgment source is linked above.
Judgment (11 paragraphs)
- The application is to restrain publication by The Age tomorrow of an article concerning the applicant, Timothy Langley, who was formerly the Superintendent of Wesley Central Parish Mission and has since been terminated in that employment. The newspaper, from what I have been told, will tomorrow, unless restrained, publish the contents of a confidential letter of offer of compromise which was provided by the solicitors for Mr Langley to the solicitors for the Wesley Mission, or the Uniting Church, whichever is the appropriate body concerned. That letter was headed "Without Prejudice" and is plainly a document which would be described as a confidential document, and indeed, it seems to me, it is a particular form of confidentiality well recognised by the courts as reflecting in itself a public interest, namely, in the rights of parties to negotiate freely and on a confidential basis as between themselves so as to resolve disputes which either are or may come before the courts and occupy valuable time and public funds, and to the detriment of the comity of the community.
- The application which is made seems to me to be one which meets the first limb of an application for an injunction. There is plainly a serious question to be tried as to whether publication of the information contained in that letter will constitute a disclosure of confidential information, which right to confidentiality is a right in equity which should be protected.